|
About
a year ago, a diamond-studded hairband was bought by a Pakistani
lady from a jeweller in Turkey for about one hundred thousand pounds
and paid for by a credit card in a false name. A chance lead led
to a meticulous investigation that spanned two continents and uncovered
layers of financial veils, till the purchase was finally traced
to its ultimate source of payment. And the team who tracked it down
were from Broadsheet, an American asset recovery company.
Fitting together the intricate jigsaw of the complex paper
trail of white collar crime is a cumbersome, tedious and highly
specialised procedure. Definitely not the stuff that Pakistan's
heavy-handed and archaic investigation methods are made of. In the
west, the recovery of illegal assets is a multi-billion dollar business
carried out by companies that employ top-notch lawyers, accountants
and investigators who charge a hefty fee for their services. One
of the best in the business is Broadsheet. Many of their principal
operatives have served the CIA, the Serious Fraud Office as well
as various governments around the world.
With Pakistan unfortunately being one of the world's star players
in the corruption game, it was only a matter of the right people,
being in the right place, at the right time, for Broadsheet to move
in. And in June 2000, barely six months after the formation of the
National Accountability Bureau with General Amjad as its Chairman,
Broadsheet signed a contractual obligation with the government of
Pakistan to track down the country's plundered wealth abroad. For
the first time in decades there was a government in place that meant
business, and cracking down on corruption took on a whole new dimension.
In just two years Broadsheet, in conjunction with NAB, has already
successfully frozen accounts abroad worth millions of dollars belonging
to politicians, businessmen, bureaucrats and armed forces personnel.
Though the total amount remains a closely guarded secret, millions
of dollars in illegal assets have already been recovered, the recent
Mansurul Haq case being one example. There are millions more in
the pipeline, not to mention new cases on the anvil that are yet
to be investigated. Currently Broadsheet is working on a list of
hundreds of targets compiled by NAB. Allegedly there is anything
between 30-50 billion dollars in illegal assets and corruption money
outside Pakistan. "NAB is dealing with people who have the
money to hire the best lawyers, the best accountants and who have
the resources to fight back, particularly the politicians, who also
have other areas of influence," says a source. "The politicians
have really exploited the system and between them, the PPP and the
PML (Nawaz Group), have channelled billions of dollars out of the
country." Following hard on the heels of the politicians is
Pakistan's business community who occupy the second tier, then come
the bureaucrats and finally armed forces personnel.
Tracking down dirty money internationally doesn't come cheap and
Broadsheet has already invested millions of dollars in Pakistan-related
cases. Just to begin an investigation on an important case can notch
in at a hefty half-a-million dollars and cases can last from anything
between three months to three years. "They are willing to spend
even more," says an informed source. "And have by no means
spent all that has been allocated for Pakistan." Being a commercial
entity, it is obvious that Broadsheet has only invested millions
of dollars because they are pretty sure they are going to get a
return. According to those familiar with this line of business,
the initial ground work is the most difficult; forging alliances,
tracking funds etc, all takes a couple of years, so Broadsheet should
be almost through with that by now, at least in some of the major
cases. The second phase is action and the next few months should
see many cases successfully closed. Bad news for Broadsheet targets.
With an international task force of thousands of investigators operating
in the US, Europe, the UK, the Middle East and the Far East, once
an individual becomes a "target," it is almost a given
that Broadsheet will eventually get their man - or woman. Once Broadsheet
has established the links between assets and dirty money, nailing
the target legally is the job of the law firm associated with Broadsheet
that employs over 700 lawyers all over the world.
While all investigation cases are unique, the most interesting and
convoluted are those of the politicians. Broadsheet first works
on establishing a roadmap of how a particular individual operates
before proving that the funds are ill-gotten. Their job is to unveil
off-shore companies, money laundering tactics, hundi, where there
is no record of any financial transaction at all, etc. Once the
links are established, Broadsheet's legal team steps in. Their first
line of approach is to negotiate and bring the target to agree to
plea-bargain with the government of Pakistan. If, as was the case
with Mansurul Haq, the target is over confident of his or her own
strengths and does not take this offer seriously, then the dogs
are let loose. Broadsheet have pitched their best international
lawyers, particularly in England and Switzerland, in the cases against
Benazir Bhutto and Asif Zardari. Their legal team in these cases
is headed by an eminent lawyer with many successful cases to his
credit. Apparently the cases in the UK and off-shore jurisdictions
are going very well and there are also ongoing investigations in
the US, the Middle East and Europe which are making good headway.
It seems that all NAB needs is one good judgement abroad and all
reports indicate that this time around NAB is ahead of them.
The same goes for the Sharifs. According to Lt. General Munir Hafiez,
the present Chairman NAB, "They made a deal with the government,
but we have their cases. They are adjourned sine die and are currently
lying dormant. If they violate their agreement and come back to
the country, they will be proceeded against, according to the law."
Broadsheet, meanwhile, has not stopped their investigations. The
Sharif files are wide open and Broadsheet has selected one case
which it is actively pursuing and has already gathered enough concrete
evidence to pin down the Sharif brothers sooner, rather than later.
During the course of their investigations, Broadsheet uncovered
a long and complex paper trail that led to Nawaz Sharif. According
to an informed source, Broadsheet reported that a Swiss bank allegedly
accepted incoming payments for Sharif; this bank apparently also
held a US dollar account at an American bank, which in turn reportedly
held funds for Sharif in an off-shore entity, named "Hamid,"
controlled through a trust held in a bank in the Virgin Islands.
This, in turn, was controlled by a private bank in Vaanz, Liechtenstein.
Assets in the name of the off-shore company, "Hamid,"
reportedly exceeded one million dollars at the time of the original
investigation. As far as the Sharif family's London properties -
16,16A, 17 and 17A Avenfield House and 118-127 Park Lane - are concerned,
Broadsheet reported that they were funded by various fraudulent
schemes including bank accounts in false names operated in the USA,
Pakistan and Saudi Arabia. Allegedly the Sharif family are the beneficial
owners of several nominee companies whose total asset veil exceeds
50 million US dollars.
Uncovering and linking such complex trails is beyond the reach of
most governments, who do not have access to off-shore markets, or
the resources and technical expertise to swing deals with various
governments and institutions abroad. All such operations are funded
solely by Broadsheet with no expense to the Pakistani government.
Broadsheet takes twenty per cent as their commission from the recovered
funds returned to Pakistan, which is probably the only country paying
this commission rate. Normally Broadsheet charges anything from
thirty to fifty per cent. It was General Amjad, former chairman
of NAB, who met with the principals of Broadsheet, and persuaded
them to settle for a lower commission in Pakistan's case.
While the government of Pakistan has identified quite a few major
business groups who they believe have taken illgotten funds out
of the country, Broadsheet has to tread carefully in this area,
which has led to perceptions that various businessmen have been
let off by NAB and are continuing both with their businesses and
their high-living lifestyles. Says a source: "This is not the
case at all. Every significant corruption case has been registered
by NAB with Broadsheet. For example there is a major business group
which the government was, and still is, very seriously pursuing.
They are holding one of the major industrial sectors in Pakistan
employing thousands of people, which is why the government has allowed
them to continue with their business. But that has not stopped the
investigation. It might take a couple of years but Broadsheet is
mapping out their structure: how they made their money, moved it
out and where it is." The case is apparently progressing satisfactorily
and when Broadsheet acquires enough evidence, their assets - both
abroad and in Pakistan - will be frozen. NAB will do it in Pakistan
and Broadsheet abroad. "We don't operate like the Ehtesaab
Bureau who got their hands on one photocopy and printed it in every
newspaper," says an inside source. "We are profiling almost
every important businessman. We plan to get everything. Not just
pennies. When a businessman is discredited for some paltry sum,
one faces accusations of spoiling the business environment for nothing.
Last time around, the government recovered very little and harmed
the business environment."
One case close to conclusion is that of Dr. Shahzad Munawar currently
residing in the US who has defrauded the government of 60 million
dollars in textile quotas. In September 2001, the then chairman
NAB requested the US Department of Justice for legal assistance
in their case against Shahzad Munawar. According to a NAB report:
"The criminal investigation of Dr. Shahzad Munawar undertaken
by NAB has established that Dr. Shahzad Munawar has been engaged
in a continuing course of conduct during the tenure of his first
cousin and business partner, Chaudhry Ahmed Mukhtar as federal minister
of commerce
aiding and abetting the latter in the embezzlement
of and the fraudulent and illegal distribution of textile quota
in the open market
" Behind Shahzad Munawar are other
local businessmen who were part of the scam.
Despite NAB's sincerity in actively pursuing most registered targets,
working with a government body has its frustrations. A commercial
company like Broadsheet, which has invested millions of dollars
in Pakistan-specific cases, would obviously like a return on their
investment as fast as possible, so their pace of work is much faster.
"NAB is run by armed forces personnel who are new to this game
and this is really not their field," says an informed observer.
"Then they are assisted by various local intelligence agencies
who, apart from lacking the technical legal expertise in gathering
solid information that can stand in a court of law, often have their
own priorities, goals and agendas, which may often be at divergence
with NAB or Broadsheet's objectives." Reportedly, quite often
the quality of information provided is seldom of any use. Broadsheet
have a team of over a dozen lawyers in Pakistan checking and cross-checking
all the files they get.
The government of Pakistan's legendary slow work ethic has often
caused unnecessary delays in moving against targets. It has, at
times, taken the government up to a year to decide whether they
want to go after a certain individual or not, even after they have
been presented with the evidence. For Broadsheet this is a waste
of time and money. One such case is that of Jamil Ansari, an arms
dealer who turned witness in the Mansurul Haq case, but who still
has much more to answer for. Earlier this year, Broadsheet made
a formal request to NAB to register Jamil Ansari as a target. Says
a Broadsheet report: "The evidence available to us does not
end however, with Ansari's corruption of Haq. The evidence suggests
that Haq was only one of many officers corrupted by Ansari
Having established the criminal conduct of Ansari, formal registration
of him as a Registered Target is warranted
various vehicles
and ventures have been set up by Ansari in connection with his money
laundering activities
the proceeds held in these accounts
in various countries may now lawfully be seized
The time to
act is now
"
However, despite this strongly worded request, Broadsheet has still
not been given the green signal to move against Ansari. It is clear
that behind Ansari lie many trails leading to, among others, armed
forces personnel.
According to informed sources, cases related to the Bhutto and the
Zardaris were moving at an inordinately slow pace last year. "There
were constant complaints from the prosecution team abroad over the
inaction of the Pakistani prosecuting teams," says an insider.
"When the pace slows it is tantamount to helping the other
party. There were also inherent procedural difficulties which have
since been rectified by General Munir Hafiez, and now the pace has
picked up again. He is running a much tighter ship." Today
the Bhutto cases in London are proceeding full steam ahead and both
Broadsheet and NAB are confident that a conviction in the UK is
on the cards in the very near future. The Zardari cases, too, are
being tracked and monitored in Switzerland, Poland, the UK, the
US and Spain.
Security leaks are another concern and in certain cases Broadsheet
does not even alert local intelligence agencies as to the identity
of their targets. In a few sensitive cases the information is only
for the ears and eyes of the NAB chairman. And with good reason.
Broadsheet lost a juicy target, days away from extradition in Monaco,
allegedly due to a security leak. Many registered targets are continuing
to give Broadsheet the slip because Pakistan has extradition treaties
with very few countries, so targets often skip from one country
to another with Broadsheet chasing close behind. "Opening an
extradition treaty is a complicated legal process," says a
legal expert. "It takes weeks to make up a formal request which
often has to have an accompanying text in the language of the particular
country, so lawyers conversant in both English and French, for example,
have to be employed and that is a lengthy and expensive procedure."
As far as armed forces personnel go, Broadsheet has full authority
from NAB to go after anyone perceived to be living beyond their
means. Currently Broadsheet is moving against a dozen senior retired
armed forces personnel including generals as well as airforce and
navy chiefs. "There is accountability at the highest level
in the armed forces," says General Hafiez. "In the past,
three star generals have been sent home. Those who are serving are
beyond NAB's jurisdiction, as is the judiciary. There are also cases
of retired army personnel in the courts, which I cannot touch."
According to a source in Lahore, NAB is actively pursuing Lt. General
(retd) Zahid Ali Akbar, the former Chairman of WAPDA. Once Broadsheet
submits all relevant documents and evidence, the case is actively
pursued by NAB. "There are no holy cows any more," says
a source. And neither have corrupt bureaucrats like Salman Farooqui
been forgotten. "NAB has given Broadsheet a 'go' on him and
he is high on their priority list," says an insider. "He's
on the run and has fled America but they are tracking him down."
While at times, NAB's apparent inaction has given rise to public
speculation that many big fish are being allowed to swim free and
escape the net, it is actually Broadsheet that has requested NAB
to put on the brakes in certain cases where Broadsheet feels it
would jeopardise the case if NAB were to go public or move too soon.
So, much against the basic military grain of quick action, NAB has
allegedly been reluctuantly persuaded to follow the sensible, but
undoubtedly frustrating, Confucian adage: "slowee, slowee,
catchee monkey!"
Broadsheet's experience in Pakistan-specific corruption has revealed
that there are only a few major groups operating and that most corrupt
people are linked, even though they might be operating independently.
So if they hit one target, that individual opens up a treasure chest
of names and beneficiaries. As is common practice in such investigations,
Broadsheet has targeted and compromised some relatively insignificant
cases linked to more important ones and turned them into double-agents.
"They have insiders working for them in many of their high-priority
cases," says a source. "It's just a question of money.
These agents were being paid by one individual, now they are being
paid by somebody else, or may even be on the payroll of both."
Broadsheet employs a number of under-cover operatives in Pakistan,
in both business and social circles. Apparently their most effective
undercover operatives in Pakistan are women and they have close
to 50 female operatives working in social circles in Karachi, Lahore
and Islamabad. Pakistan is apparently one of the easiest places
in the world as far as intelligence gathering is concerned - everybody
is willing to talk and there is no shortage of aggrieved parties.
However, despite all its years of international experience in asset
recovery, in Pakistan, one prominent businessman has given them
- and NAB - a run for their money - and they are still running after
this elusive and highly connected financial Machiavelli, who so
far is still master of the game. "We know he pays just 25 or
30 thousand rupees tax a year and has laundered millions, but he
operates within an amazingly complex web of off-shore and dummy
companies in dozens of countries," says an informed source.
"We have peeled away countless layers but have yet to get to
the core. One day we'll get him." Meanwhile he continues to
run a business empire that stretches from Karachi to the Khyber.
Broadsheet appears to be confident that now after investing two
years of time and money, the recovery ball will soon start rolling
and they will eventually be able to recover at least 20 billion
dollars of the government of Pakistan's stolen funds. It might take
five or 10 years but they are confident of success. However, five
or 10 years in Pakistan is a lifetime. Can Broadsheet survive in
a country where elected prime ministers are sent packing overnight?
It seems that unlike prime ministers, Broadsheet is here to stay
- at least till they've accomplished what they set out to do in
June 2000.
When they approached the government of Pakistan, Broadsheet
was more than aware that their major targets would be politicians
and that those same politicians - now in exile - may well come back
to power. So the contract was accordingly designed to continue even
if a government hostile to Broadsheet comes to power. "If they
are chasing a former PM now and he, or she, becomes a sitting PM
again, they can still chase them," says an inside source. "They
operate outside the country and have an omnibus power of attorney
which is irrevocable till Broadsheet is satisfied with the outcome
of the case. Nothing can stop Broadsheet as far as the list of registered
targets is concerned. Even if the contract itself is cancelled by
any future government, they will still be free to investigate and
prosecute abroad."
Nobody, it seems, can get away from Broadsheet. And perhaps,
finally, there is a chance that between Broadsheet and NAB, a major
chunk of Pakistan's plundered wealth will find its way home.
This article is based on several sources of information
which have been put together like a veritable jigsaw puzzle. Sources
include persons who may no longer be involved, but were involved,
at various stages of NAB's development in the last three years.
|